THE WINLOOT™ FIVE HUNDRED DOLLAR SWEEPSTAKES
OFFICIAL CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING.
The Winloot™ Five Hundred Dollar Sweepstakes (the "Promotion") is sponsored by Globalizer, LLC. and Winloot, Ltd. ("Company," "we" or "us"). By entering the Promotion, you agree to comply with and be bound by the following Winloot™ Five Hundred Dollar Sweepstakes Official Contest Rules (the "Rules"). Please review the Rules carefully. If you do not agree to the Rules in their entirety, you are not permitted to enter the Promotion.
1. ELIGIBILITY. The Promotion is open only to legal residents of the United States and the District of Columbia, Canada, Australia, the United Kingdom, New Zealand, Netherlands, South Africa, Spain, Mexico, Germany, France, Portugal, Greece, Switzerland, Norway, Finland, Sweden, Denmark, Argentina, Brazil, Columbia, and Venezuela living in the United States or the District of Columbia, Canada, Australia, the United Kingdom, New Zealand, Netherlands, South Africa, Spain, Mexico, Germany, France, Portugal, Greece, Switzerland, Norway, Finland, Sweden, Denmark, Argentina, Brazil, Columbia, and Venezuela respectively who are eighteen (18) years of age or older. The Promotion is void in Puerto Rico and where otherwise prohibited by law. Employees, officers and directors of Company and the independent third party promotion company that will conduct the drawing ("Independent Third Party"), each of their respective legal representatives, affiliates, parents, subsidiaries, advertising, promotional, fulfillment and marketing agencies, and their immediate families (and those living in their respective households), are not eligible to participate or claim a Prize (as defined below) in the Promotion. Participants wishing to obtain a copy of these Rules may request a printed copy of same by writing to either: Globalizer, LLC, Attn: Winloot Five Hundred Dollar Sweepstakes, 3 Harbor Road, Suite 10, Cold Spring Harbor, NY 11724 or Winloot, Ltd., Attn: Winloot Five Hundred Dollar Sweepstakes, 145-157 St. John's Street, London, EC1V 4PW. All federal, state and local laws, rules
2. LIMITED TIME ONLY/PROMOTION PERIOD. For purposes of these Rules, the "Promotion Period" shall be the period beginning at 12:00:00 a.m. Eastern Time ("ET") on March 1, 2014 and ending at the earlier of (a) 11:59:59 p.m. ET on February 28, 2015 and (b) when, pursuant to Section 6 below, Winning Numbers are selected that match eligible Entry Number(s) (as those terms are defined below).
Initial Registration. In order to enter the Promotion, you must complete the online Promotion entry form ("Promotion Entry Form") available on the Winloot™ website located at www.winloot.com (the "Winloot™ Website"). The information that you must provide on the Promotion Entry Form includes your: (a) full name and title; (b) mailing address; (c) e-mail address; and (d) password ("Registration Data"). You must update your Registration Data, as necessary, to remain eligible to win a Prize. Once you have completed a Promotion Entry Form, Company will send a confirmation e-mail to the e-mail address included in your Registration Data (the "Confirmation E-mail"). You must activate the link in the Confirmation E-mail in order for your Entry Numbers (as defined below) to be submitted and for you to be eligible to win a Prize.
Submitting Entries. After you submit your Registration Data on the Winloot™ Website, you will be directed, in strict succession, to one (1) other promotional contest offered by Company ("Initial Promotion"). The Initial Promotion shall be subject to, and governed by, separate rules associated with each. Once you have entered each of the Initial Promotion, you will be directed to the Promotion entry page where you may select (or allow the Winloot™ Website to select, at random, by utilizing the "Quick Pick" option) any five (5) numbers ("Entry Numbers"), from one (1) to forty-five (45) ("Eligible Numbers"); provided, however, that each Eligible Number may be selected only once on the Winloot™ Website. Once you have selected and submitted your Entry Numbers, you will be entered as an entrant in the Promotion ("Winloot™ Website Entry").
NO PURCHASE NECESSARY TO ENTER OR WIN THE PROMOTION. PURCHASING GOODS AND/OR SERVICES OFFERED BY OR THROUGH COMPANY OR OUR MARKETING PARTNERS WILL NOT INCREASE THE ODDS OF QUALIFYING FOR A PRIZE.
COMPANY IS NOT RESPONSIBLE FOR REGISTRATIONS, WINLOOT™ WEBSITE ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT. IF YOU FAIL TO COMPLETE A PROMOTION ENTRY FORM DURING ANY GAME DAY FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, WHERE YOU CANNOT ACCESS THE WINLOOT™WEBSITE, YOU WILL NOT QUALIFY FOR A PRIZE IN CONNECTION WITH THAT GAME DAY'S DRAWING.
4. WINLOOT™ MEMBER ENTRIES. If and when Company makes these subscriber services available, you may also gain entry into the Promotion by registering on the Winloot™ Website as a subscriber to the service provided by Company ("Winloot™ Member" or "Member") and paying the associated monthly charges. If and when Company makes thhe Winloot™ Member services available, as a Winloot™ Member, you can either pre-select, or have Company automatically randomly assign, the requisite entry numbers for the Initial Promotion, as well as the five (5) Entry Numbers for the Promotion by and through the Winloot™ Website, thus entering you into the Promotion automatically for each Game Day during the Promotion Period that you are a Winloot™ Member in good standing (each, a "Winloot™ Member Entry"). Member Entries and Winloot™ Website Entries shall be collectively referred to herein as, "Entries"). The requirements, billing terms, benefits and other terms and conditions associated with Membership are set forth in the Winloot™ Website Terms and Conditions for Winloot™ Members (the "Terms and Conditions"). If and when Company makes the Winloot™ Member services available, you may access a copy of the Winloot™ Website Terms and Conditions on the Winloot Website™. Winloot™ Members may only submit one (1) Entry by and through the Winloot™ Website (either via a Winloot™ Website Entry or Member Entry) each Game Day during the Promotion Period. Where a Member Entry is submitted for you by Company, you can not also submit a Winloot™ Website Entry.
COMPANY IS NOT RESPONSIBLE FOR REGISTRATIONS, MEMBER ENTRIES, CLAIMS OR NOTICES THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT.
5. IDENTIFICATION OF ENTRANTS. Each Entry will be collected and stored in the Promotion Database. For purposes of these Rules, the "Promotion Database" is defined as the entire list of Entries, identified by customer number, email address and Entry Numbers, collected each Game Day during the Promotion Period. Company will stop accepting entries at 11:59:59 p.m. ET on February 28, 2015. At the conclusion of each Game Daythe Promotion Database will be cleared of all non-winning Entries.
6. HOW TO WIN. Within one (1) business day of the conclusion of each Game Day, the Independent Third Party, will select, randomly, the five (5) winning numbers from the Eligible Numbers (the "Winning Numbers") and, where applicable, attempt to match up the selected Winning Numbers with the Entry Numbers in the Promotion Database. If there is a match between the Winning Numbers and eligible Entry Numbers in the Promotion Database for that Game Day, and thus there is a Prize winner (or multiple Prize winners), he/she/they will be notified via e-mail within thirty (30) days after the Winning Numbers are selected (entrants should ensure that their Registration Data is accurate and up to date). If more than one (1) entrant's Entry Numbers match the Winning Numbers, the Prize shall be divided evenly amongst the winners and distributed to the winners by Company. Prize winners are subject to eligibility verification. Prize winners will be required to execute a notarized Affidavit of Eligibility and Liability/Publicity Release ("Affidavit"), and return such Affidavit within thirty (30) days following attempted notification, together with a recent picture of the Prize winner, for Company's use according to the specifications set forth in the Affidavit or as later requested by Company.
Non-compliance within this time period may result in forfeiture of the Prize. In addition, Prize winners will be required to provide picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification, and proof that they are the entrant that submitted the applicable winning Entry. The return of a Prize/Prize notification as undeliverable may result in forfeiture. In no case shall Company be liable in any manner where a winner has not received notification sent from Company or where Company fails to receive a response from the winner within the required response period. The winning Entry Numbers, as well as the associated information of the winner, must identically match the records maintained by the Independent Third Party and Company in order for a Prize to be awarded. In the event of a dispute, the information maintained by the Independent Third Party and Company will govern. Entries will be deemed made by the person under whose name the Entry was registered, regardless of who actually submitted the Entry. Be sure to use your correct name and your own e-mail address. See Section 7 hereinbelow for a detailed Prize description.
7. PRIZE DESCRIPTION. The winning entrant, if any, will receive Five Hundred Dollars ($500.00) payable by check within thirty (30) days of return of the completed and valid Affidavit (the "Prize"). If more than one (1) entrant's Entry Numbers match the Winning Numbers for that Game Day, the Prize shall be divided evenly amongst the winners and distributed to the winners by Company. There is a maximum of one (1) Prize available each Game Day during the Promotion Period.
8. ODDS OF WINNING. The odds of winning the Prize are 1,221,759 to 1.
10. WINNERS' LIST. To request a list of Prize winners, send a self addressed stamped envelope to either: Globalizer, LLC, Attn: Winloot Five Hundred Dollar Sweepstakes, 3 Harbor Road, Suite 10, Cold Spring Harbor, NY 11724 or Winloot, Ltd., Winloot Five Hundred Dollar Sweepstakes, 145-157 St. John's Street, London, EC1V 4PW.
11. TAX INFORMATION. Federal, state and local taxes, and all similar fees and assessments, are the responsibility of the applicable Prize winner. Company reserves the right to withhold taxes from any winning Prize, as appropriate.
12. NO SUBSTITUTION OF PRIZES. No substitution or transfer of Prizes will be accommodated or permitted, other than in Company's sole discretion.
13. PUBLICATION. Promotion entry constitutes permission for Company to use each entrant's name and likeness (including pictures) for advertising and promotional purposes without further compensation, excluding residents of the State of Tennessee and where otherwise prohibited by law.
14. RELEASE. By entering the Promotion, each entrant agrees to release and hold harmless Company, Independent Third Party, each of their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents from any and all liability for any injuries, loss or damage of any kind arising from, or in connection with, the Promotion including, but not limited to,liability arising from copyright infringement, improper use of likeness, personal injury, death, damages or monetary loss. Restrictions, conditions and limitations apply. By entering, each entrant further agrees that, in the event that there is any conflict or other inconsistency between the Rules and any advertisements, promotional or marketing materials, e-mails or announcements relevant to the Promotion, these Rules will govern.
15. CHOICE OF LAW/DISPUTE RESOLUTION/CLASS ACTION LIMITATION. Any disputes arising out of or related to the Promotion shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the terms and conditions of these Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, NY, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b)you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found at: http://www.winloot.com/Dispute-Notice.pdf. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which can be found at http://www.winloot.com/Arbitration.pdf. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first submit an entry in connection with the Promotion.
16. SEVERABILITY. Should any part of these Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
17. INDEPENDENT THIRD PARTY The Independent Third Party is not involved in marketing the Promotion. The Independent Third Party is not the sponsor of the Promotion and will not respond to any inquiries. The Independent Third Party is responsible for the drawing of the Winning Numbers at the conclusion of the Promotion Period.
19. DISQUALIFICATION. Company, Independent Third Party, their legal representatives, affiliates, subsidiaries, parents, agencies and each of their respective members, officers, directors, employees and agents, are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed computer transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind, whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Promotion and/or Website, as solely determined by the Company, will be disqualified. Any use of robots, automated processes, macros, programs or third party methods to submit Promotion entries, and any participant using any such method, will be disqualified and may be disqualified from any other promotions or contests provided by Company. If disqualified for any of the above reasons, Company reserves the right to terminate each entrant's eligibility to participate in the Promotion. In the event that any portion of the Promotion is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Company, which, in the sole opinion of Company, corrupts, or impairs the administration, security, fairness or proper determination of the Promotion, Company reserves the right, in its sole discretion, to suspend or terminate the Promotion or any part of the Promotion, or any combination of the above. Company, Independent Third Party, their legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents are not responsible for any problem with Promotion entry generated by computer hardware or software, error or failure, whatever the cause. Company's sole responsibility for any irregular Promotion entry is replacement with another Promotion entry in a subsequent promotion, if available. Promotion winner may be required to provide Company with proof that the potential winner is the authorized account holder of the electronic mail address associated with the potential winning entry.
20. LEGAL WARNING. Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Winloot™ Website, or otherwise interfere with the operation of the Promotion, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.